One way that could happen is if #SCOTUS holds that the president is #immune for some subset of ofcl acts.
But—& this is important—not all holdings that are more protective of the executive branch would require fact-finding. As Jack Goldsmith has written, there may be reasonable concerns about prosecuting #POTUS under generally applicable statutes. But the Court can potentially address those concerns w/o a remand for (extensive) fact-finding.
thepoliticalcat